HB 81/HB 113 (2020) - Bail

HB 81 proposes a constitutional amendment that, if enacted, would result in significantly widening Alabama’s detention net. The proposed language expands the categories of people who can be denied bail to include people accused of offenses carrying a punishment of life imprisonment and life without parole.

The bill also takes away the right to bail and increases judicial discretion to detain anyone accused of a crime if the court finds that there are no conditions that can:

ensure the person’s appearance,

ensure the integrity of the judicial process (i.e., preventing obstruction or witness tampering), or

address a risk of harm to the person accused or the community at large.

HB 113 enumerates the offenses offered in HB 81.

Status

HB 81 was introduced by Rep. Brown on February 4, 2020. It was assigned to the House Judiciary committee where a public hearing was held on February 5, 2020 and February 19, 2020. On February 19, 2020, it was passed out of committee with an amendment that satisfies some constitutional concerns. It was then sent to the Alabama House where it passed on February 27, 2020 with an amendment. It has been sent to the Alabama House floor and is now pending House floor action.

SB 113 was introduced by Rep. Brown on February 4, 2020 and assigned to the House Judiciary committee. It passed out of committee on February 19, 2020 with an amendment that satisfies some constitutional concerns. It was then sent to the Alabama House floor where it passed on February 27, 2020 with an amendment. It has been sent to the Alabama House floor and is now pending House floor action.